Case 6:16-cv-01228-GAP-GJK Document 1 Filed 07/07/16 Page 1 of 6 PageID 1
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
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`LIGHTING SCIENCE GROUP
`CORPORATION,
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`Plaintiff,
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`v.
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`TITCH INDUSTRIES, INC.
`and BIOLUZ LED
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`Defendants.
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`Civil Action No.
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`6:16-cv-1228-ORL-31GJK
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Lighting Science Group Corporation, through its attorneys, alleges the following:
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`PARTIES
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`1.
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`Plaintiff Lighting Science Group Corporation (“LSG”) is a corporation organized
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`and existing under the laws of Delaware, with its principal place of business at 811 N. Atlantic
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`Avenue, Cocoa Beach, FL 32931.
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`2.
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`Upon information and belief, Defendants, Bioluz LED (“Defendant”), is a company
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`organized and existing under the laws of the state of California and whose headquarters are in
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`California, with its principal place of business located at 6409 Independence Avenue, Woodland
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`Hills, California 91367, and is a wholly owned subsidiary of Defendant, Titch Industries, Inc.,
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`whose principal place of business is 7608 Ashton Ct., West Hills, California 91304 (with
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`Defendant Bioluz LED, collectively “Defendants”), which is a corporation organized and existing
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`under the laws of the state of California but does business throughout the United States, including
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`Florida and whose registered agent is H. John Khoukas, Esq., located at 6928 Owensmouth
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`Case 6:16-cv-01228-GAP-GJK Document 1 Filed 07/07/16 Page 2 of 6 PageID 2
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`Avenue, #200, Woodland Hills, California 91303.
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`JURISDICTION AND VENUE
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`3.
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`This is a claim for patent infringement and arises under the patent laws of the United
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`States, Title 35 of the United States Code. This Court has jurisdiction over the subject matter of
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`this claim under 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendants because Defendants are
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`transacting business within this District and have committed acts and, on information and belief,
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`will continue to commit acts within this District giving rise to this action, including offering to sell
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`and selling infringing products and/or placing infringing products, directly or through
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`intermediaries (including distributors, retailers, and others), into the stream of commerce in such
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`a way as to reach customers in this District. Defendants have purposefully and voluntarily sold
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`one or more of its infringing products with the expectation that they will be purchased by
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`consumers in this District. These infringing products have been and continue to be purchased by
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`consumers in this District. Defendants have committed acts of patent infringement within the
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`United States and more particularly, within this District.
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b) and 1400(b).
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`COUNT I
`(Infringement of U.S. Patent No. 8,672,518)
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`6.
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`7.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,672,518 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`USPTO on March 3, 2015 (the “‘518 Patent”). A true and correct copy of the ‘518 Patent is
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`attached hereto as Exhibit A.
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`8.
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`The ‘518 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`9.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘518 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘518 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendants.
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`10.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claims 1, 3, 5, 6, 11, and 14 of the ‘518 Patent by, among other activities, making,
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`using, selling or offering to sell in or importing into the United States its B409WW and B409W-
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`11, products. Defendants are liable for direct infringement, either literally or under the doctrine of
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`equivalents, of the ‘518 Patent pursuant to 35 U.S.C. § 271 (a).
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`11.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claims 1, 3, 5, 6, 7, 8, 11, and 14 of the ‘518 Patent by, among other activities,
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`making, using, selling or offering to sell in or importing into the United States its B609W900,
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`B609W-15, and B609WW products. Defendants are liable for direct infringement, either literally
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`or under the doctrine of equivalents, of the ‘518 Patent pursuant to 35 U.S.C. § 271 (a).
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`12.
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`Plaintiff has at no time either expressly or impliedly licensed either Defendant to
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`practice the ‘518 Patent.
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`13.
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`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`14.
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`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ‘518 Patent.
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`COUNT II
`(Infringement of U.S. Patent No. 8,967,844)
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`15.
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`16.
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`Plaintiff repeats and re-alleges Paragraphs 1-5 as though fully set forth herein.
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`Plaintiff is the owner by assignment of United States Patent No. 8,967,844 entitled
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`“Low Profile Light And Accessory Kit For The Same,” which was duly and legally issued by the
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`USPTO on March 3, 2015 (the “‘844 Patent”). A true and correct copy of the ‘844 Patent is
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`attached hereto as Exhibit B.
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`17.
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`The ‘844 Patent is valid and enforceable and Plaintiff has the full right to recover
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`for past infringement damages and the right to recover future royalties, damages and income.
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`18.
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`To the extent any marking or notice was required by 35 U.S.C. § 287, Plaintiff, and
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`all predecessors in interest and/or implied or express licensees of the ‘844 Patent, if any, have
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`complied with the marking requirements of 35 U.S.C. § 287 by placing a notice of the ‘844 Patent
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`on all goods made, offered for sale, sold, and/or imported into the United States that embody one
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`or more claims of that patent and/or providing actual or constructive notice to Defendants.
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`19.
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`Upon information and belief, Defendants have infringed and will continue to
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`infringe at least Claims 1, 2, 7, 8, 9, 11, 12, 14, 16, 17, 21, 22, 23, and 24 of the ‘844 Patent by,
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`among other activities, making, using, selling or offering to sell in or importing into the United
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`States its B409WW, B409W-11, B609W900, B609W-15, and B609WW products. Defendants are
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`liable for direct infringement, either literally or under the doctrine of equivalents, of the ‘844 Patent
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`pursuant to 35 U.S.C. § 271 (a).
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`20.
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`Plaintiff has at no time either expressly or impliedly licensed either Defendant to
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`practice the ‘844 Patent.
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`21.
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`Defendants’ infringement has injured Plaintiff, and Plaintiff is entitled to recover
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`damages adequate to compensate it for such infringement.
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`22.
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`Defendants’ infringing activities have injured and will continue to injure Plaintiff,
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`unless and until this Court enters an injunction prohibiting further infringement and, specifically,
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`enjoining further manufacture, use, sale, importation, and/or offer for sale of products that come
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`within the scope of the claims of the ‘844 Patent.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully asks this Court to enter judgment against Defendants
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`and against its respective subsidiaries, successors, parents, affiliates, officers, directors, agents,
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`servants, and employees, and all persons in privity or active concert or participation with
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`Defendants, granting the following relief:
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`A. the entry of judgment in favor of Plaintiff and against Defendants;
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`B. a preliminary injunction prohibiting further infringement of each of the ‘518 Patent
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`and the ‘844 Patent by Defendants, their agents, employees, representatives,
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`successors and assigns and those acting in privity or in concert with them;
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`C. a permanent injunction prohibiting further infringement of each of the ‘518 Patent
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`and the ‘844 Patent by Defendants, their agents, employees, representatives,
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`successors and assigns and those acting in privity or in concert with them;
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`D. an award of actual damages against Defendants for damages arising from the
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`infringement of each of the ‘518 Patent and the ‘844 Patent;
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`E. an award of damages against Defendants for pre-judgment and post-judgment
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`interest on the damages awarded, including an award of prejudgment interest,
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`pursuant to 35 U.S.C. § 284, from the date of each act of infringement of the ‘518
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`Patent and the ‘844 Patent by Defendants to the day a damages judgment is entered
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`and a further award of post-judgment interest, pursuant to 28 U.S.C. § 1961,
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`continuing until such judgment is paid, at the maximum rate allowed by law;
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`F. in the event a final injunction is not granted, a compulsory ongoing royalty; and
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`G. such other relief to which Plaintiff is entitled under law, and any other and further
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`relief that this Court or a jury may deem just and proper.
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`JURY DEMAND
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`triable.
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`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all issues so
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`/s/Mark F. Warzecha
`Mark F. Warzecha
`Florida Bar No. 95779
`WIDERMAN MALEK PL
`1990 W. New Haven Ave., Ste. 201
`Melbourne, Florida 32904
`Tel. (321) 255-2332
`Fax (321) 255-2351
`MFW@USLegalTeam.com
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